Remote Work and the WARN Act

Remote workers count, too.

We’ve written several posts about the WARN Act, and it continues to be a hot topic related to separation compliance. A quick internet search confirms that WARN Act violations happen all the time. Now, with more companies allowing remote work, there’s likely to be an increase in WARN Act violations. Why? Even though remote workers may be out of sight, they can’t be out of mind when it comes to WARN application. If you’re new to WARN, you might want start here. Otherwise, let’s look at the law.

Throughout the WARN Act, you see this term used: single site of employment. In some instances, it’s very easy for an employer to define a “single site of employment” — maybe it’s a particular plant or office location. However, things become more complicated when layoffs impact remote workers. If you look more closely at the language of the WARN Act, it clarifies that all employees have a site of employment.

For employees that fall into a gray area, such as remote workers, “the single site of employment to which they are assigned as their home base, from which their work is assigned, or to which they report will be the single site in which they are covered for WARN purposes.”

So, if a mass layoff is in order, don’t forget your remote employees. They count just the same.

It’s important to understand the ins and outs of WARN and when/how it applies. It’s equally imperative that you have a reliable system in place to ensure compliance with WARN. Our separation platform includes a WARN Act assessment tool that informs employers when layoffs fit the criteria. It doesn’t get much easier than that.